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We are filing for an uncontested divorce and agree to divide everything up evenly. However there is a retirement plan.

Los Angeles, CA |

I have a retirement plan of around thirty thousand, but both my husband and I dont want to touch the plan. We decided that we will divide everything else up evenly and leave the retirement as is. Will a stipulation agreement signed by both sides be enough to leave the retirement plan alone?

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Attorney answers 6

Posted

Yes. A retirement plan is another form of property. You and your spouse may agree regarding how to divide it (or not to divide it).

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Posted

That is not enough. Put terms into your MSA and Judgment awarding the retirement plan to you. That way, your husband can't later file an RFO to adjudicate a previously unadjudicated asset.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Posted

Yes. However, you will need language such as "Husband agrees to waive any claim to any part of the community interest retirement account, including any known or unknown retirement accounts. Husband also agrees to terminate jurisdiction over the issue of Wife's retirement account and is informed and acknowledges that he may never petition any Court of any jurisdiction for a share of the community interest in Wife's retirement account or accounts. Husband further understands that this waiver may result in an unequal distribution of the community assets and waives any right to any equalization distribution or payment"

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

Hillary Johns

Hillary Johns

Posted

That's correct.

Posted

They do have services as to the actual division of retirement assets which are reasonably priced. Just a suggestion. The professionals on Avvo gave you sound advice.

You are welcome to call Ms. Johns' offices for a free or low cost consultation at (866) 402-4038. Please note that Ms. Johns is a lawyer although she is not your lawyer unless you have signed a written fee or letter agreement confirming her office's representation of you. This email does not otherwise constitute legal advice or create an attorney-client relationship.

Posted

You need to process the disclosures fully and then finalize the award of the retirement plan entirely to you.

Orange County Family Law Attorney: (949) 218-0574 - This response provides general information, and is not intended to be legal advice. Getting information from Avvo, or any site, is not a substitute for advice from a qualified attorney who considers all of the facts and circumstances. Nothing here creates an attorney-client relationship. You should consult with an attorney in person and reach an agreement on representation. This response is not intended to be an advertisement or solicitation of services in any jurisdiction where it does not fully comply with all applicable laws or rules.

Posted

Congratulations on being able to resolve everything without an all out divorce court battle. Your questions carries some complexities that cannot be fully addressed on a public forum such as this. This is where what you don't know can really come back to bite you later on. While it may be cheaper in the short run to do this without an attorney knowledgeable in this field, later on, it can cause a much more expensive, complicated situation. You need proper language AND disclosures to do this right. There are many attorneys who charge a low flat rate for "unbundled services", such as preparing your judgment and/or disclosures. It's worth the investment so that you don't pay a greater price later on.

Since the information provided in your question is very limited and I have not had an opportunity to review all relevant facts, information, and documents, you should not rely on any specific responses to your questions. The information offered here is general in nature given that the slightest bit of additional information could change a specific answer (i.e. we separated 1 year ago and he has been paying all my expenses. Q: Do I owe him that money back? A: Yes. But what if he used money from a community asset, like a retirement account, to pay it back. A: maybe some or maybe none). In short, consult an attorney to review all relevant information so s/he can properly and accurately advise you. This free service IS NOT a substitute for legal advice and should not be considered legal advice at all.

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